When you demonstrate good behavior and rehabilitation while serving a prison sentence in Texas, you may get early release from prison on parole. If you get parole, you’ll have to obey conditions and restrictions on your behavior, including refraining from committing new crimes.
Suppose you’ve violated your parole in Texas. In that case, you may have to face a revocation hearing in court. Such a hearing may have various consequences, such as modifications to your parole that make it more restrictive or the revocation of your parole. If your parole is revoked, you’ll have to return to prison to serve the rest of your original sentence.
Understanding Parole in Texas
For over 100 years, Texas has granted parole to prisoners. To get parole, the prisoner must demonstrate exemplary behavior and rehabilitation while in prison and meet other criteria, such as serving a specific portion of their sentence. Although parole and probation involve the supervision of a convicted defendant residing outside a correctional facility, they are different in several ways.
Probation is part of a criminal sentence. Sometimes, courts sentence defendants to probation instead of a term of incarceration or a longer jail/prison term. Conversely, a person serving a prison term may receive parole, which provides an early release from prison before the person has completed their term of incarceration.
While on parole, a person must regularly report to a parole officer and follow various conditions and requirements. They may be required to keep a job, observe a curfew, avoid the use or possession of drugs, alcohol, or weapons, and refrain from committing new criminal offenses. A parolee who violates a condition of their parole may face a revocation hearing, where the court may revoke the parole and send the person back to prison to serve the remainder of their original prison sentence.
Types of Parole Violations
A parolee may commit three types of parole violations: technical violations, substantive violations, and absconding. Technical violations happen when someone violates the conditions of their parole. That could mean missing a meeting with a parole officer, traveling out of the jurisdiction without permission, failing drug tests, or possessing contraband. A substantive violation occurs when a person commits a new criminal offense while on parole. Finally, absconding happens when a parolee purposely avoids the parole officer’s efforts at supervision or flees the jurisdiction to hide in another state or country.
The type of parole violation may affect how the court responds and the consequences it imposes. For example, a court may grant leniency for technical violations, especially when they occur due to a parolee’s mistake or oversight. However, courts more frequently revoke parole for substantive violations or absconding.
Consequences of Violating Parole in Texas
A parolee who violates the conditions of their parole may face various consequences, depending on the nature of their violations. Minor violations may lead to warnings from a parole officer, who may threaten to file future parole violations with the court. The parole officer may also increase their supervision of a parolee by conducting more frequent home visits or drug tests.
For more severe or frequent parole violations, the parole officer and the state parole board may issue a “blue warrant,” which authorizes the parolee’s arrest and detention for a parole revocation hearing.
A trial court can impose various penalties for a parolee’s violation of the conditions of their parole at a parole revocation hearing.
Possible Outcomes of a Parole Violation
When the trial court finds that a parolee has violated the conditions of parole, they may choose from three outcomes to address the parolee’s violation. First, the trial court may continue parole and warn the parolee against further violations. Courts may exercise leniency and simply choose to continue parole when a parolee commits a minor technical violation or when a parolee accepts responsibility and demonstrates remorse for their violation.
Courts may also choose to continue parole with modifications to the parole conditions. A court may find modifying the conditions of parole necessary when the existing level of supervision fails to prevent the parolee’s violations. The court may add or modify conditions, such as requiring more frequent check-ins with parole officers, electronic (ankle) monitoring, stricter curfews, or alcohol or substance abuse treatment requirements.
Finally, courts frequently revoke parole for repeated or serious technical violations or substantive violations. When parole is revoked, a parolee must return to prison to serve the remainder of their original sentence.
When a parolee commits a substantive violation, they may also face prosecution for their new criminal offense(s). A conviction on those new offenses may result in the court imposing an additional prison term on top of the parolee’s original sentence if the court chooses to revoke parole.
Legal Options for Fighting a Parole Violation
After a parole officer or law enforcement accuses you of a parole violation, you have options for avoiding the revocation of your parole and pursuing a favorable outcome to violation proceedings. Hiring an experienced criminal defense attorney can give you the best chance to prevent parole revocation and minimize the consequences of your violation.
A criminal defense attorney can negotiate with your parole officer and the court to pursue less harsh consequences, such as continuing your parole without more restrictive conditions. A criminal defense attorney can also independently investigate the alleged violations to obtain evidence to challenge your parole officer’s accusations and prove that you did not violate your parole. Your lawyer can also file motions to quash a blue warrant and get the parole revocation proceedings dismissed by showing that the state lacks sufficient evidence to prove the alleged parole violation.
Contact a Criminal Defense Attorney Today
You need experienced, dedicated legal counsel to protect your rights and interests when you receive notice of a parole violation. Contact the Law Office of Case J. Darwin today for an initial consultation with a knowledgeable criminal defense attorney to learn more about the parole violation process and discuss your options for pursuing a favorable resolution to your parole violation charges.
